793.94/4864: Telegram
The Minister in China (Johnson) to the Secretary of State
[Received March 24—12:30 p.m.]
My March 24, 2 p.m.
1. The following is text of the proposal submitted by General Uyeda on the Japanese side in this morning’s meeting:
“Draft agreement for the cessation of hostilities between Japan and China.
The authorities of the Japanese and Chinese Governments have agreed upon and concluded the following agreement:
Article 1. The Japanese and Chinese forces shall cease all hostile activities [Page 626] (including activities of plain-clothes men) from (blank) a.m. on March (blank) 1932.
During the cessation of hostilities both the Japanese and the Chinese forces shall refrain from all such actions as may injure the honor of the other or agitate the public sentiment.
Article 2. The Chinese troops will remain in their present positions pending later arrangements.
The aforesaid positions are indicated in annex 1 attached hereto.
Article 3. The Japanese troops will withdraw to the International Settlement and the extra-Settlement roads in the Hongkew district as before the incident of January 28, 1932. It is, however, understood that in view of the numbers of Japanese troops to be accommodated some will have to be stationed temporarily in localities adjacent to the above-mentioned areas.
The aforesaid localities are indicated in annex 2 attached hereto.
Article 4 A joint commission including members representing participating friendly powers will be established to certify mutual withdrawal.
The aforesaid commission will also collaborate in arranging for the transfer from the evacuating Japanese forces to incoming Chinese police.
The constitution and procedure of the aforesaid commission will be as defined in the annex 4 attached hereto.
Article 5. The Japanese and Chinese forces may carry on reconnaissance by aeroplanes over such points as may be considered necessary in order to watch the performance of the provisions for the cessation of hostilities.
Aeroplanes to be used in the aforesaid recommendations shall bear the following marks, namely: the Japanese aeroplanes (blank). The Chinese aeroplanes (blank).
Article 6. In the event of either of the Japanese or Chinese forces infringing any of the terms of the present agreement the other shall have no obligation to comply with the same agreement.
Article 7. The present agreement shall come into force on the day of the signature thereof.
The present agreement is made in duplicate in both the Japanese and Chinese languages.
Annexes.
The withdrawal of Japanese troops to the localities indicated in annex 2 will be commenced within 1 week of the coming into force of the agreement.
Should there be any invalids or sick horses that cannot be withdrawn at the time of evacuation they may be detained at their positions together with an ambulance corps (accompanied by some guards). The Chinese authorities shall give protection to the above.
The Chinese authorities shall station in the areas evacuated by the Japanese troops a force of special constabulary stipulated in the 2nd paragraph of article 4 of the agreement within (blank) days of the signature thereof.
The joint commission will be composed of 12 members, namely, 1 civilian and 1 military representative of each of the following: the [Page 627] Chinese and Japanese Governments, and the American, British, French and Italian heads of missions in China being the representatives of the friendly powers assisting in the negotiations in accordance with the resolution of the Assembly of the League of Nations of March 4, 1932.
The members of the joint commission will employ such numbers of assistants as they may from time to time find necessary in accordance with decisions of the commission. All matters of procedure will be granted to the discretion of the commission whose decisions will be taken by majority vote, the chairman having a casting vote. Chairman will be elected by the commission from the members representing participating friendly powers.
Separate declaration by the Chinese Government. To be issued either prior to or simultaneously with the conclusion of the agreement, but not to be annexed to the agreement.
In order to ease the general situation and to secure the prompt reestablishment of stability and normal conditions in the affected areas, the Chinese Government hereby declare their intention immediately to establish on their own initiative, for the maintenance of peace and order in the evacuated area in the vicinity of the Shanghai Settlement, a force of special constabulary, for which they contemplate the employment of experts as officers and instructors.
It is understood that the incoming Chinese police referred to in the second paragraph of article 4 of the agreement (blank) date will be drawn from the above special constabulary.”
2. Argument all day on the question of activities of plain-clothes gunmen, Uyeda insisting that this is an important detail in the matter of cessation of hostilities while Chinese General Tai Chi insists over and over that Chinese armies have no connection whatever with the gunmen in plain clothes and refuses to discuss question. Uyeda contends that question of plain-clothes men is one of great importance to the Japanese and there must be some settlement of it in order to make sure of the future.
3. Following new draft of article 1 was offered and will be studied by the Japanese against next meeting:
“The Japanese and Chinese authorities having already ordered cease fire it is agreed that the cessation of hostilities is rendered definite as from (blank). The forces of the two sides will so far as lies in their control cease all hostile acts. In the event of doubts arising in regard to cessation of hostilities, the situation in this respect will be ascertained by the representatives of the participating friendly powers.”
4. In afternoon proceeded to discussion of article No. 1 of our old draft and Japanese revision thereof as set forth in article 2 of their draft above quoted. Chinese objecting to the wording as implying a restriction upon freedom of Chinese troops to move within Chinese territory and therefore an infringement of China’s sovereignty and her political integrity and contrary to the resolution of the League, Quo [Page 628] finally asked to be permitted to take following substitute formula home for consideration against the next meeting: “During the cessation of hostilities and pending a final settlement”.
5. Meeting adjourned until 10 a.m., March 25th.